[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Notices]
[Pages 15715-15717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7115]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2493-10; DHS Docket No. USCIS-2010-0005]
RIN 1615-ZA97
Filing Procedures and Automatic Extension of Employment
Authorization and Related Documentation for Liberians Provided Deferred
Enforced Departure
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: On March 18, 2010, President Obama issued a memorandum to the
Secretary of Homeland Security (the Secretary), Janet Napolitano,
directing the Secretary to extend for an additional 18 months the
deferred enforced departure (DED) of certain Liberians and to provide
for work authorization during that period. The extension runs from
April 1, 2010, through September 30, 2011. This notice announces an
automatic 6-month extension of current employment authorization
documents (EADs) held by Liberians whose DED has been extended under
the presidential memorandum and informs eligible Liberians and their
employers how to determine which EADs are automatically extended. This
notice also provides instructions for eligible Liberians on how to
apply for the full 18-month extension of employment authorization.
Finally, this notice provides instructions for DED-eligible Liberians
on how to apply for permission to travel outside the United States
during the 18-month DED period.
DATES: This notice is effective April 1, 2010. The 6-month automatic
extension of employment authorization for Liberians who are eligible
for DED, including the extension of their EADs, as specified in this
notice, is effective on April 1, 2010. This automatic extension will
expire on September 30, 2010. The 18-month extension of DED is valid
through September 30, 2011.
FOR FURTHER INFORMATION CONTACT:
For further information on DED, including guidance on the
application process for employment authorization and additional
information on eligibility, please visit the USCIS Web site at http://www.uscis.gov. Under the heading ``Humanitarian'' select ``Temporary
Protected Status'' from the homepage. You can then choose the DED page
or the Liberian-specific page.
[[Page 15716]]
You can find detailed information about this DED extension on our Web
site at the Liberian Questions & Answers Section.
You can also contact the DED Operations Program Manager,
Service Center Operations Directorate, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue,
NW., Washington, DC 20529-2060, telephone (202) 272-1533. This is not a
toll-free call. Note: the phone number provided here is solely for
questions regarding this Federal Register notice. It is not for
individual case status inquiries. Applicants seeking information about
the status of individual cases can check Case Status Online available
at the USCIS Web site at http://www.uscis.gov, or call the USCIS
National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-
1833).
Further information will also be available at local USCIS
offices upon publication of this notice.
SUPPLEMENTARY INFORMATION:
Presidential Memorandum Extending DED for Certain Liberians
In accordance with his constitutional authority to conduct the
foreign relations of the United States, President Obama has directed
that Liberians (and eligible persons without nationality who last
resided in Liberia) who are physically present in the United States and
who held TPS on September 30, 2007, and are under a grant of DED
through March 31, 2010, be provided DED for an additional 18-month
period after their current DED status ends. See Memorandum from
President Obama to the Secretary of Homeland Security dated March 18,
2010 (``Presidential Memorandum''). The President also directed the
Secretary to implement the necessary steps to authorize employment
authorization for eligible Liberians for 18 months from April 1, 2010,
through September 30, 2011.
Employment Authorization and Filing Requirements
How Will I Know if I Am Eligible for Employment Authorization Under the
Presidential Memorandum That Extended DED for Certain Liberians for 18
Months?
The DED extension and the procedures for employment authorization
in this notice apply to Liberian nationals (and persons without
nationality who last habitually resided in Liberia) who were covered by
DED through March 31, 2010. Such individuals include only Liberians who
are physically present in the United States, held TPS on September 30,
2007, and are under a grant of DED through March 31, 2010.
This DED extension does not include any individual:
Who would be ineligible for TPS for the reasons provided
in section 244(c)(2)(B) of the Immigration and Nationality Act (INA), 8
U.S.C. 1254a(c)(2)(B);
Whose removal the Secretary of Homeland Security
determines is in the interest of the United States;
Whose presence or activities in the United States the
Secretary of State has reasonable grounds to believe would have
potentially serious adverse foreign policy consequences for the United
States;
Who has voluntarily returned to Liberia or his or her
country of last habitual residence outside the United States;
Who was deported, excluded, or removed prior to March 18,
2010; or
Who is subject to extradition.
What Will I Need To File if I Am Covered by DED and Would Like To Have
Evidence of Employment Authorization?
If you are covered under DED for Liberia, and would like employment
authorization during the 18-month extension of DED, you must apply for
an Employment Authorization Document (EAD) on Form I-765, Application
for Employment Authorization. You must file Form I-765 with USCIS
during the DED extension period that begins on April 1, 2010. Please
carefully follow the Form I-765 instructions when completing the
application for an EAD. On Form I-765, you must:
Indicate that you are eligible for DED; and
Include a copy of your last Form I-797, Notice of Action,
showing that you were approved for TPS as of September 30, 2007, if
such copy is available. (Please note that evidence of TPS as of
September 30, 2007, is necessary to show that you were covered under
the previous DED for Liberia through March 31, 2010.
How Will I Know if I Will Need To Obtain Biometrics?
If biometrics are required to produce the secure EAD, you will be
notified by USCIS and scheduled for an appointment at a USCIS
Application Support Center. The new EAD will be valid through September
30, 2011.
Where Do I Submit My Completed Form I-765?
Please submit your completed Form I-765 and supporting
documentation to: USCIS, Attn: DED Liberia, P.O. Box 8677, Chicago, IL
60680-8677.
Can I File My Form I-765 Electronically?
No. Electronic filing is not available for filing Form I-765 based
on DED.
Extension of Employment Authorization and EADs
May I Request an Interim EAD at My Local Office?
No. Local USCIS offices will not issue interim EADs to individuals
eligible for DED under the Presidential Memorandum.
Am I Eligible To Receive an Automatic 6-Month EAD Extension From April
1, 2010, Through September 30, 2010?
You are eligible for an automatic 6-month extension of your EAD if
you are a national of Liberia (or person having no nationality who last
habitually resided in Liberia), and you are currently covered by DED
through March 31, 2010.
This automatic extension covers EADs issued on Form I-766,
Employment Authorization Document, bearing an expiration date of March
31, 2010. These EADs must also bear the notation ``A-11'' on the face
of the card under ``Category.''
What Documents May a Qualified Individual Show to His or Her Employer
through September 30, 2010, as Proof of Employment Authorization and
Identity When Completing Form I-9?
During the first 6 months, qualified individuals who have received
a 6-month automatic extension of their EADs covered under this Federal
Register notice may present their automatically extended Form I-766
with an expiration date of March 31, 2010, to their employers as proof
of employment authorization and identity. The EAD must bear the
notation ``A-11'' on the face of the card under ``Category.'' To
minimize confusion over this automatic extension at the time of hire or
re-verification, qualified individuals may also present a copy of this
Federal Register notice regarding the automatic extension of EADs
through September 30, 2010.
What Documents May a Qualified Individual Show to His or Her Employer
After September 30, 2010, as Proof of Employment Authorization and
Identity When Completing Form I-9?
After September 30, 2010, individuals covered under this notice may
present their EADs on Form I-766 with an expiration date of September
30, 2011, to their employers as proof of employment authorization and
identity.
[[Page 15717]]
The EAD will bear the notation ``A-11'' on the face of the card under
``Category.'' After September 30, 2010, employers may not accept EADs
without a valid date.
Employers should not request proof of Liberian citizenship.
Employers should accept EADs as valid ``List A'' documents. Employers
should not ask for additional Form I-9 documentation if presented with
an EAD that is valid pursuant to this Federal Register notice, and the
EAD reasonably appears on its face to be genuine and to relate to the
employee. Employees also may present any other legally acceptable
document or combination of documents listed on Form I-9 as proof of
identity and employment eligibility.
Note to Employers: Employers are reminded that the laws
requiring employment eligibility verification and prohibiting unfair
immigration-related employment practices remain in full force. This
notice does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules
setting forth re-verification requirements. For questions, employers
may call the USCIS Customer Assistance Office at 1-800-357-2099.
Employers may also call the U.S. Department of Justice Office of
Special Counsel for Immigration Related Unfair Employment Practices
(OSC) Employer Hotline at 1-800-255-8155. Additional information is
available on the OSC Web site at http://www.justice.gov/crt/osc/.
Note to Employees: Employees or applicants may call the OSC
Employee Hotline at 1-800-255-7688 for information. Additional
information is available on the OSC Web site at http://www.justice.gov/crt/osc/.
Travel Authorization and Advance Parole
Individuals covered under DED who want to travel outside of the
United States must apply for and receive advance parole by filing Form
I-131, Application for Travel Document, with required fees before
departing the United States. See 8 CFR 223.2(a). The determination
whether to grant advance parole is within the discretion of the
Department of Homeland Security and is not guaranteed in all cases. If
you seek advance parole in order to go to Liberia, you may risk being
found ineligible to re-enter the United States under DED because the
President's memorandum excludes persons ``who have voluntarily returned
to Liberia.''
You may submit your completed Form I-131 with your Form I-765. If
you choose to file a Form I-131 separately, please submit the
application along with supporting documentation that you qualify for
DED to: USCIS, Attn: DED Liberia, P.O. Box 8677, Chicago, IL 60680-
8677.
If you have a pending or approved I-765, please submit the I-797
notice of receipt or approval along with your Form I-131 and supporting
documentation.
Dated: March 24, 2010.
Alejandro Mayorkas,
Director, U.S. Citzenship and Immigration Services.
[FR Doc. 2010-7115 Filed 3-29-10; 8:45 am]
BILLING CODE 9111-97-P